Foster v. Central National Bank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 5, 1905, which affirmed a judgment, entered upon a decision of the court at a Trial Term without a jury, directing a dismissal of the complaint and of the affirmative claim of the defendant Hazard. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 5, 1905, which affirmed a judgment, entered upon a decision of the court at a Trial Term without a jury, directing a dismissal of the complaint and of the affirmative claim of the defendant Hazard. The nature of the action and the facts, so far as material, are stated in the opinion. The amendments to the complaint spoke as of the date of the beginning of the action, and place the action in the same position as if the pleadings had originally been as they are now. (Koehler v.…
1Opinion of the Court
Cullen, Ch. J.
For the disposition of this appeal it is necessary to state only the following details of the controversy : In September, 1880, one Marvin W. Sackett, a bondholder of the Lebanon Springs Bailroad Company, brought an action in the Supreme Court of this state, on behalf of himself and other bondholders, substantially to enforce the foreclosure of the mortgage executed to secure said bonds and for the sale of the mortgaged property, a railroad lying partly in this state and partly in the state of Vermont. By an order made in that action the receiver who had been appointed to take…
2Cases cited7 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Allen v. . BrownNew York Court of Appeals · 1870
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Stevens v. Central National Bank of BostonNew York Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harriss v. TamsNew York Court of Appeals · 1932
- Trans-Resources, Inc. v. HoganAppellate Division of the Supreme Court of the State of New York · 2002
- Kirkpatrick Home for Childless Women v. KenyonAppellate Division of the Supreme Court of the State of New York · 1924
- Whiting v. . GlassNew York Court of Appeals · 1916
- United States ex rel. Samuel Hastings Co. v. LowranceDistrict Court, E.D. Arkansas · 1916
8 more not listed; retrieve them via the Exa API.